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The Ohio Fire Code (OFC) as adopted herein is hereby amended and changed in the following respects:
OFC F-201.0 Applied Meanings of Words and Terms (Amended).
"Approved" when applied to materials, types of construction, appliances, procedures, transportation or occupancy means approved by the Lakewood Fire Department as a result of investigations and tests conducted by it, or by reason of accepted principles or tests made by the National Fire Protection Association, The Building Officials and Code Administrators International, Inc., the Underwriters' Laboratories, Inc., The Factory Mutual System, The National Fire Codes, Volumes 1-16, 1979 Edition or the United States Bureau of Standards.
"Fire Official" means the Fire Chief of the City of Lakewood or his authorized representatives. (Ord. 87-79. Passed 12-17-1979.)
(a) No person shall have an outdoor fire in an area abutting the public right-of-way unless such fire is being utilized to cook food for human consumption, the fire is in an approved container and is located at least fifteen feet from the public right-of-way. “Approved” shall have the same meaning as stated in the Ohio Fire Code.
This subsection shall not apply to outdoor fires being utilized to cook food for human consumption in an approved container on any date and street for which a permit for a block party has been issued by the Director of Public Works.
(b) No person, tenant or leaseholder shall store any portable or outdoor grill or associated fuel, or kindle in any multi-family dwelling unit or on or below any balcony constructed in conjunction therewith, or within ten feet of any structure housing more than three families.
(Ord. 64-07. Passed 10-1-2007.)
(a) Criminal Penalties.
(1) Whoever violates Section 1501.05(a) is guilty of a misdemeanor of the first degree.
(5) Whoever violates Section 1501.15 is guilty of a misdemeanor of the fourth degree for a first offense and shall be guilty of a misdemeanor of the first degree for a second or subsequent offense within one year of any prior offense.
(6) Whoever violates Section 1501.17 is guilty of a minor misdemeanor.
(b) Civil Penalties.
(1) Any person who has received a citation for a serious violation of the Ohio Fire Code or any order issued pursuant to it, shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(2) Any person who has received a citation for a violation of the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(3) Any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.
(4) Any person who violates any of the posting requirements, as prescribed by Section 1501.04(c), shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
(5) Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, and the history of previous violations shall be given whenever a penalty is assessed under this chapter.
(6) For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not with the exercise of reasonable diligence, know of the presence of the violation.
(7) Civil penalties imposed by this chapter shall be paid to the Finance Director for deposit into the General Revenue Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.
(Ord. 66-07. Passed 10-1-07.)